The position taken by the state attorney general's office appears to be in tension with the governor, who has touted the state's abortion ban as protecting 'every unborn child with a heartbeat.'
That claim came in response to a federal lawsuit brought last year by Salia Issa, who alleges that hospital staff told her they could have saved her baby had she arrived sooner. Issa was seven months' pregnant in 2021, when she reported for work at a state prison in the West Texas city of Abilene and began having a pregnancy emergency.
Her attorney, Ross Brennan, did not immediately offer any comment. He wrote in a court filing that the state's argument is "nothing more than an attempt to say - without explicitly saying - that an unborn child at seven months gestation is not a person." While working at the prison, Issa began feeling pains "similar to a contraction" but when she asked to be relieved from her post to go to the hospital, her supervisors refused and accused her of lying, according to the complaint she filed along with her husband. It says the Texas Department of Criminal Justice's policy states that a corrections officer can be fired for leaving their post before being relieved by another guard.
Issa was eventually relieved and drove herself to the hospital, where she underwent emergency surgery, the suit says., is seeking monetary damages to cover her medical bills, pain and suffering, and other things, including the funeral expenses of the stillborn child. The state attorney general's office and prison system have asked a judge to dismiss the case.
Last week, U.S. Magistrate Judge Susan Hightower recommended that the case be allowed to proceed, in part, without addressing the arguments over the rights of the fetus.
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